Supreme Court suspends ‘bulldozer demolitions’ throughout India till October 1
The court declared its intention to establish guidelines to prevent the abuse of power to demolish illegal structures.
On Tuesday, the Supreme Court banned bulldozer demolitions of structures without first obtaining its consent. The prohibition on bulldozer demolitions is in effect until October 1. However, the court made it clear that encroachments on public roads, waterways, railway tracks or walkways would not be covered by the order.
“Till next date there shall be no demolitions without seeking leave of this court. However, such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces,” after hearing petitions contesting the alleged actions of various state governments bulldozing homes or shops of accused in criminal proceedings as punitive measures, a bench of Justices BR Gavai and KV Viswanathan passed the interim order. The Supreme Court has scheduled the proceedings for the next hearing on October 1.
The Court’s Stance on Bulldozer Demolitions and Unauthorized Construction
The Supreme Court also stated that it would issue guidelines on when and how properties can be demolished in accordance with local legislation.
During the hearing, Solicitor General of India Tushar Mehta objected to the Supreme Court’s judgement, saying, “The hands of statutory authorities can’t be tied in this manner.” The bench, on the other hand, refused to back down, claiming that “heavens won’t fall” if demolitions were halted for two weeks. “Stay your hands. What will happen in 15 days?” Justice Gavai said during the hearing.
The bench went on to say that the order was issued in accordance with Article 142 of the Constitution, which grants the court exceptional powers.
“Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” Justice Viswanathan stated during the brief session. “We stated that we will not interfere with unauthorised construction…But the executive cannot be a judge,” Justice Gavai stated. The court enquired about the reason behind the abrupt demolition of properties in 2024 throughout the hearing. It also declared its intention to establish guidelines to prevent the abuse of power to demolish illegal structures, with Justice Viswanathan noting, “Till the next date, there should be a stay on demolition without leave of court.”
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